Proposed Information Collection; Comment Request; Government-owned Inventions License Application and Utilization Report, 29483 [05-10180]

Agencies

• DEPARTMENT OF COMMERCE
• Technology Administration

[Federal Register Volume 70, Number 98 (Monday, May 23, 2005)]
[Notices]
[Page 29483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10180]


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DEPARTMENT OF COMMERCE

Technology Administration


Proposed Information Collection; Comment Request; Government-
owned Inventions License Application and Utilization Report

ACTION: Notice.

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SUMMARY: The Department of Commerce (DOC), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to comment on the continuing and 
proposed information collection, as required by the Paperwork Reduction 
Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before July 22, 2005.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th 
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet 
at dHynek@doc.gov).

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instruments and instructions 
should be directed to John Raubitschek, Patent Counsel, HCHB, Room 
4835, 14th and Constitution Avenue, NW., Washington, DC 20230, (202) 
482-8010; or via e-mail to JRaubits@doc.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

    In order for a person to obtain a license in a Government-owned 
invention, certain information is required. As required by 35 U.S.C. 
209(f) and 37 CFR 404.5(a)(1), a plan for development or marketing the 
invention must be submitted to the Federal agency. Additional 
information is required by 37 CFR 404.8 relating to the potential 
licensee and its particular development and marketing plan. The plan is 
used to determine if a license should be granted to the applicant and 
on what terms. Also, 35 U.S.C. 209(d)(2) and 37 CFR 404.5(b)(6) 
requires that any licensee report periodically on its utilization 
efforts of the licensed invention. This information indicates if the 
licensee is complying with its development and marketing plan and 
whether the license should be terminated or modified by the agency 
under 35 U.S.C. 209(d)(3). The development and marketing plan of the 
application is protected from FOIA under 35 U.S.C 209(f). If an 
application for a license has been denied, it may be appealed under 37 
CFR 404.11(a). The utilization report is usually required by the 
license to be submitted annually until practical application has been 
achieved. The report is protected from FOIA under 35 U.S.C. 209(d)(2).

II. Method of Collection

    The application for license is usually submitted in writing with 
attachments. However, it may be transmitted by email or facsimile.

III. Data

    OMB Number: 0692-0006.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Individuals or households; business or other for-
profit organizations; not-for-profit institutions.
    Estimated Number of Respondents: 4,600.
    Estimated Time Per Response: 2 hours for an application; 1 hour for 
utilization report.
    Estimated Total Annual Burden Hours: 5,200.
    Estimated Total Annual Cost to Public: $52,000.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, e.g., the use of automated 
collection techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: May 17, 2005.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 05-10180 Filed 5-20-05; 8:45 am]
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